Request to file Friends of the Court brief in Boonville Bridge lawsuit

Below is the text of the request to be allowed to file a "friend of the court" (amicus curiae) brief on behalf of the interest of Katy Trail users, by the Missouri Bicycle Federation, Randy Niere, Dr. Everett M. Murphy and Corva Murphy. This brief was prepared by the Great Rivers Environment Law Center.

This document is not the friend of the court brief itself, but simply a request to be allowed to file a friend of the court brief. This document gives the reason we believe we have standing to file a friend of the court brief.

See this article for an explanation of MoBikeFed's reasons for wishing to file a friends of the court brief in this case.

The Missouri Bicycle Federation, Randy Niere, Dr. Everett M. Murphy and Corva Murphy, for their motion for leave to file an amicus curiae brief in support of petitioner, state:

1. The Missouri Bicycle Federation is a nonprofit organization incorporated under the laws of the State of Missouri. It is a membership organization, composed of more than 400 members statewide and over 25 affiliated bicycle and pedestrian clubs and organizations representing over 10,000 Missouri bicyclists, runners, and pedestrians. From its founding in 1994, it has been actively engaged in efforts to promote the Katy Trail among its members, affiliates, and the general public, including that portion located in and around Boonville, Missouri. Many members of the Missouri Bicycle Federation use the Katy Trail. Members frequently travel on the Katy Trail near Boonville and take pleasure in viewing the MKT Bridge at Boonville.

2. Randy Niere frequently bicycles along the Katy Trail. As a disabled cyclist his first solo bike ride, after suffering a stroke in 2001, was on the Katy Trail. Since 2001, he has ridden the Katy Trail every year multiple times, and it is his way of celebrating survival. This year he rode the entire trail length with the Speaker's Fitness Challenge, and was the only stroke survivor on the ride. He never rides the Katy Trail without stopping in Boonville, often spending the night there. Crossing the Missouri river is a special part of his trip, and viewing the Boonville Lift Bridge adds to his experience.

3. Dr. Everett M. Murphy and Corva Murphy rent a farm house in Bellair, south of Boonville and east of Pilot Grove, Missouri. They are avid bicyclers and chose their property in part because of its close proximity to the Katy Trail. They frequently ride the Katy Trail, enjoying the beauty and the historical importance of the Boonville Lift Bridge.

4. Movants seek leave to file an amicus curiae brief in support of petitioner, to be filed at the time petitioner presents the merits of its case to this Court, or at such other time that this Court deems appropriate. (Movants do not seek leave to file an amicus curiae brief in support of the already-filed motion for partial summary judgment, filed by petitioner on October 31, 2005.)

5. The amicus brief would bring to the Court's attention the importance of the Booneville Lift Bridge and of the Katy Trail from the perspective of those persons who use the Trail and enjoy the Bridge.

6. It is appropriate for the circuit court, in its discretion, to grant leave to file an amicus curiae brief. See, e.g., State ex rel. McNeal v. Roach, 520 S.W.2d 69, 74 (Mo.banc 1975); City of Louisiana v. Branham, 969 S.W.2d 332 (Mo. App. E.D. 1998).

Wherefore, the Missouri Bicycle Federation, Randy Niere, Dr. Everett M. Murphy and Corva Murphy, respectfully request that this Court grant their motion for leave to file an amicus curiae brief in support of petitioner.



Great Rivers Environmental Law Center


________________________________
Bruce A. Morrison (No. 38359)
Kathleen G. Henry (No. 39504)
705 Olive Street, Suite 614
St. Louis, Missouri 63101
(314) 231-4181
(314) 231-4184 (fax)

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